KELLBERG v. YUEN

No. SCWC-12-0000266.

319 P.3d 432 (2014)

131 Haw. 513

Mark C. KELLBERG, Petitioner/Plaintiff-Appellant, v. Christopher J. YUEN, in his capacity as Planning Director, County of Hawai`i, and County Of Hawai`i, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

January 22, 2014.


Attorney(s) appearing for the Case

Robert H. Thomas and Mark M. Murakami , Honolulu, for petitioner.

Michael J. Udovic , Hilo, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.


Opinion of the Court by POLLACK, J.

This appeal arises out of a decision by Respondents/Defendants-Appellants Christopher J. Yuen in his capacity as Planning Director of the County of Hawai`i (Planning Director) and the County of Hawai`i (County) (collectively, "County Defendants"), to approve a subdivision on the subject property. Petitioner/Plaintiff-Appellant Mark C. Kellberg (Kellberg), an adjacent land owner, filed an action in the Circuit Court of the Third...

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